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2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. R-32-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON REPEALING RESOLUTION R-17-09, AMENDING EXISTING ELECTRIC RATES AND CHARGES, AND CREATING A NEW ELECTRIC RATE STRUCTURE WHEREAS, the City Council has the authority to prescribe, revise and collect charges for the services and facilities furnished by the electric energy enterprise within the Colton Electric Utility ("Utility"), and to otherwise amend, fix and/or establish the rates to be charged for the sale of electric energy, as well as all other deposits and charges in connection therewith (such charges are collectively referred to herein as "Rate" or "Rates"); and WHEREAS, the City Council has previously adopted electric Rates for customers in the City pursuant to Resolution No. R-17-09 and the exhibits attached thereto, as described in Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, by way of this Resolution, the City Council now desires to amend the Rates, as set forth and described in Exhibit "B" attached hereto and incorporated herein by reference; and WHEREAS, the revised Rates adopted by this Resolution have been available for public review prior to the City Council meeting at which this Resolution has been considered; and WHEREAS, a notice of public hearing on the proposed adoption of this Resolution was published in The Sun Newspaper, a newspaper published and circulated in the City of Colton, once each week for two (2) consecutive weeks prior to the public hearing on the following dates: April 4, 2011, and April 11, 2011. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A public hearing was held on April 19, 2011 to consider revising the existing electric Rates. During the public hearing, all interested persons, including without limitation, all persons owning property within the boundaries of the City, were given the opportunity to appear and present evidence and testimony concerning any matter relating to this Resolution and the proposed Rates. SECTION 2. The City hereby determines that: (a) the proposed new Rates are not discriminatory or excessive; (b) the proposed new Rates will be sufficient to pay any amounts required under any bonded indebtedness; (c) the proposed new Rates will be sufficient under the provisions or covenants of any outstanding revenue bonds of the City payable from the revenues of the electric energy enterprise; and (d) the proposed new Rates will be in compliance with applicable law. 23152.06020\5897649.5 - 1 -